Also known as:pleads not guilty · pleaded not guilty · pleading not guilty · plea of not guilty · not guilty plea
Written by attorneys · grounded in primary & secondary sources — see below
A formal response by a criminal defendant at arraignment denying the charges. This plea preserves the right to trial and all related constitutional protections including the presumption of innocence.
Sources & Authorities· 9 primary sources
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How it applies
Common Examples
6
Late Insanity Notice Barred
Pamela Phillips pleaded not guilty at arraignment on arson charges. Her lawyer filed written notice of an insanity defense eleven days later without explaining the delay. The prosecutor moved to exclude all mental-disease evidence. The court granted the motion because the notice missed the ten-day deadline and no good cause appeared.
Defendant Elects Trial
Pablo Perez faced federal fraud charges. After consulting counsel he chose to plead not guilty rather than accept a plea offer. The court accepted the plea and set the case for trial, preserving his right to contest every element before a jury.
Court Enters Plea for Silent Defendant
Pierce Patterson refused to respond when the judge asked how he pleaded to embezzlement charges. The court entered a plea of not guilty on his behalf and scheduled a trial date, ensuring the prosecution would still meet its burden of proof.
Plea Bargain Withdrawn After Not Guilty Plea
Pilar Pena initially pleaded not guilty to drug charges. The prosecutor later offered a reduced sentence in exchange for a guilty plea. When the government breached the agreement, the court allowed her to withdraw the later plea and restored her original not-guilty posture for trial.
Santobello v. New York404 U.S. 257 (1971)
Change From Not Guilty to Avoid Death Penalty
Preston Pratt first pleaded not guilty to kidnapping. After learning his codefendant would testify, he changed his plea to guilty to avoid a possible death sentence. The court accepted the plea only after confirming it was voluntary and intelligent.
Brady v. United States397 U.S. 742 (1970)
Appeal Rights After Not Guilty Plea
Philip Powell pleaded not guilty to robbery, was convicted at trial, and received a prison sentence. The court advised him of his right to appeal the conviction and to obtain a free transcript if indigent, protecting his ability to challenge the verdict.
Griffin v. Illinois351 U.S. 12, 16-17 (1956)
Common questions
Frequently Asked
5
Does entering a not-guilty plea automatically preserve the right to present an insanity defense?+
No. In jurisdictions following Model Penal Code § 4.03(2), a defendant must file a separate written notice of intent to rely on a mental-disease defense at the time of the not-guilty plea or within ten days thereafter. Late notice is allowed only for good cause shown to the court. Without timely notice, evidence of mental disease or defect excluding responsibility is inadmissible even though the not-guilty plea stands.
What happens if a defendant refuses to enter any plea at arraignment?+
The court must enter a plea of not guilty on the defendant's behalf. This action triggers all ordinary trial rights and places the burden on the prosecution to prove every element beyond a reasonable doubt.
May a defendant who pleaded not guilty later change the plea to guilty?+
Yes. A defendant may change a not-guilty plea to guilty at any time before verdict, provided the court finds the new plea is knowing and voluntary. The original not-guilty plea does not bar the change.
Does a not-guilty plea at arraignment waive any constitutional rights?+
No. The plea preserves the presumption of innocence, the right to a jury trial, the right to confront witnesses, and the privilege against self-incrimination. It also triggers the prosecution's duty to prove every element beyond a reasonable doubt.
After a not-guilty plea and conviction, what notice must the court give the defendant?+
The court must advise the defendant of the right to appeal the conviction. This obligation arises directly from the fact that the defendant pleaded not guilty and proceeded to trial.
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Criminal Law & ProcedureGeneral principles · ResponsibilityUBEIntermediate